Obeying County Court Directions – does it actually apply to consumers?

Court directions in the run up to a hearing are not to be ignored and if they are, cases can be struck out.  However, the leniency shown by one District Judge in favour of a consumer seems rather bizarre.  This is what happened:

a.    Consumer’s Particulars of Claim so vague that our client had no specific detail to defend.

b.    Parties ordered to send the court a Witness Statement by a certain date. Client did but consumer did not send one at all.

c.    Consumer asked for the hearing to be moved by a week – granted.

d.    Hearing day – consumer does not show up as still on holiday – but sends his mother instead!

e.    Mother tries to give Judge a Witness Statement in the form of letter - signed by her on her son’s behalf!

Outcome: Telling off by the Judge to consumer’s mother - but case adjourned until next year!  Our client left court still not knowing what he was attempting to defend!

 

Authors: Jason Williams

Published: 24 Nov 2016

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